Is favoring employes based on sex illegal?

UPDATED: Feb 13, 2012

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Is favoring employes based on sex illegal?

My manager always picks female employees to do various types of jobs or activities that he never lets males do. He is always very nice to them and sometime rude to male employees. Also, he makes sure they get to do what ever they want when no other manager is around and practically gives them any hours they want.

Asked on February 13, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you describe may well be sex-based discrimination, which is illegal at work.

Certainly, if the female employees simply happen to have education, training, experience, or credentials which the male employees lack, the employer may take that into account. And there are certain fields, such as in in health care or certain janitorial services, where gender could possibly legitimately be taken into account (e.g. as a live-in companion or caregiver, the client may request someone of his/her own gender; only women would be considered to be ladies' rooms or women's locker rooms attenndents).

However, barring the above, if the female employees are treated better simply because they are female, that would be illegal.

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